How to refuse a share in an apartment in favor of relatives: step by step instruction

Even if there is a part of the living space in the room, not everyone wants to remain its owners. Can I refuse to share in an apartment? This procedure is performed in many ways. Each option has its own characteristics. Therefore, you need to know how to properly perform them.

Shared ownership

In Art. 244 of the Civil Code states that equity ownership arises in cases established by regulations. It is regulated by contractual relations. The total share may appear when:

• Inheritance;
• Paid or gratuitous transaction;
• Privatization of housing.

Causes

Before you learn about how to give up a share in an apartment, you should determine the reasons for this. Usually, people motivate such a decision with the following principles:

• The desire to transfer housing to a particular person;
• Getting better living conditions;
• Unwillingness to obtain responsibility of the owner.

Whatever the reason for the refusal is, the transfer procedure is the same. The owner does not have the right to dispose of the property only if security measures are imposed on the apartment - arrest, prohibition of registration procedures.

Gift

How to give up a share in an apartment in a simple way? To do this, you need to make a gift. You can transfer your part of the premises to other owners or a third party. For the transaction you need the permission of the donee - the person to whom the property will be transferred. Agreements of other owners do not need to be received.

The donative is made in writing, and for it, the participation of a notary is not necessary. The transaction is registered with Rosreestr, located in the entity where the subject matter of the agreement is located.

Required documents

To transfer the right to housing, the owner and the donee submit an application to which an agreement (3 copies) and confirmation of payment of the state duty (2000 rubles - is made by the donee) must be attached. If the donor at the time of obtaining the right to share was married, you need to take the permission of the spouse.

You can send documents through a representative who must have a power of attorney. This is also done by mail, if the signature is notarized. In electronic form, you can send everything through the resource of the State Service, which requires a digital signature.

And how to give up a share in an apartment in favor of a relative? The procedure is performed in the standard way. If the property is transferred to close relatives, for example, to the parent, the donee should not pay tax on income. In other cases, it is necessary to pay 13% of the cadastral value of the share to the budget. This is a tax on personal income. According to the law (Article 575 of the Civil Code of the Russian Federation), it is impossible to give property on behalf of minors.

Sale and exchange

How to refuse a share in an apartment in another way? To do this, you can use sales or exchange. The remaining owners have the advantage of buying the alienated part of the premises in comparison with strangers.

The seller must notify the other owners about the offer to purchase the stake. This is stated in art. 205 Civil Code of the Russian Federation. It is important to note the value and other principles of the transaction in the document. Only with their refusal you can sell the stake to another person. Implement part of the housing needs within a month from the date of receipt of the notification.

If the conditions are met, you need to create a contract of sale or barter. The transfer of rights is registered with Rosreestr. You must provide the same documents as in the previous case. Only at the time of sale must a written refusal be submitted to the registering institution. How to give up the share of the child in the apartment? The procedure is standard, only the approval of the guardianship authority is required.

Refusal of privatization

How else to give up the share? In the privatization of an apartment is allowed and not participate, if a person does not want to become an owner. To do this, a person must write a permit for privatization without his participation. This will be considered a refusal of privatization.

Then the document must be issued from a notary. The rest of the paper necessary for privatization is also attached to it. Only refusal can not be issued in favor of the person who lives in the apartment. The share is distributed among all participants of the procedure.

The share can be changed only if there is an agreement on the establishment of parts between the owners. The minors must necessarily be included in the privatization agreement. They can be refused only with the consent of the guardianship authority.

Inheritance

If a person has received an inheritance in the form of a share, then he has the right to refuse this. And it does not matter how the property was transferred - by testament or by law. How to refuse a share in an apartment in this case? It is necessary to write about the unwillingness to accept the inheritance, passing the paper to the notary.

Partial failure is not carried out. Property is not transferred in parts. Refuse can be in favor of one or all of the heirs. This right is provided by law.

Housing rights

After the transfer of rights, the seller does not have the authority to use the facility. The principles governed by the gift agreement give rise to the same consequences. How can I refuse a share in a privatized apartment? The procedure in this case is standard: it can be sold, changed or donated. If the refusal of privatization was formalized, then a person has the right to use such housing.

Accommodation is possible in the following cases:

• A person does not belong to a family that performs privatization;
• Change of homeowners.

A citizen who renounced the right of ownership may participate in the privatization of other housing.

With divorce

How to give up a share in a mortgage flat during a divorce? Housing is the property of the spouses, so when divorced it is divided equally. But the court can establish specific proportions. But one spouse has the right to refuse his part in favor of another. The division of property is carried out by court.

The parties have the right to simplify the procedure, for which it is required to enter into a voluntary share sharing agreement. The document must be notified by a notary, and then transferred to the court. Pre-solve the issue of the division of property will be obtained only with the conclusion of a marriage contract. There it should be pointed out that there is a right to renounce its part. The document is notarized.

How much does the notary procedure cost?

If you donate an apartment to a relative, you do not need to pay taxes. If the room is transferred to an unauthorized person, it is necessary to make a collection. The recipient must pay it:

• Usually 13% of the cost;
• And 30% are paid by those who live a lot of time in another country.

Illegality of the transaction

A transaction for the transfer of a part of the premises may be invalid in the following cases:

• At least one party is incompetent;
• Registration took place under deception or delusion;
• There were threats, violence.

How can I refuse a share in an apartment so that it is legal? If you check the absence of the above factors. Invalidity is recognized by the court.

Consequences of failure

It is necessary to know not only how to abandon a share in a privatized apartment, but also what are the consequences of this. After registration of documents for sale or gift, the right is acquired by another person.

The former owner needs to visit the passport office for removal from the register, as well as to register at the new address. It is necessary at a certain date to move out of housing, taking their own things. The new owner can dispose of the property at his discretion, and this should not be prevented by the former owner. A slightly different situation is with a refusal to share in privatization. Then the person retains the right to reside in the apartment. He can not be inscribed against his will, including by judicial decision. Even if the housing is sold, it does not change the right of residence.

Deal with minors

On behalf of a minor, you can complete the registration only if the child is 14 years old. It is important to obtain permission from the guardianship authority. A person under 18 years of age must explain the consequences of failure and the prospect of obtaining a living space. To obtain permission from the guardianship authorities, there must be strong motives for depriving the share. But this paper is necessary if the apartment is sold after privatization.

Parents have a duty to purchase new housing. The child's share will be the same as in the old room. Otherwise, the refusal will be annulled, and the apartment will become municipal. If there is permission from the guardianship authority, then under Art. 28 and 37 of the Civil Code of the Russian Federation, you do not need to notarize a child. In order for it to be issued, it is necessary to write an application and prepare some documents:

• Passports of parents and children;
• Certificate of registered in the apartment;
• Contract of employment or warrant.

The application is drawn up according to the established pattern. Attention should be given to the motivational part, since for a positive decision, trustees should have confidence that the child will not live in worse conditions. Consideration of the application is carried out 10 days. After this, a document is issued that must be submitted for privatization. Deprivation of a share of up to 14 years is not made, because by law he must become the owner.

How much does the document work?

Refusal is considered to be unlimited. If it was issued by a notary, then it will not work to prove its invalidity. In an exceptional case, if there is strong evidence, the issue is resolved through the court.

You can withdraw the document before privatization. The procedure stops and the paper is considered invalid. Each person has the right to refuse his share. The main thing is that this is done voluntarily and consciously. It is necessary to weigh all the nuances in order not to regret the decision later.